High Court dismisses petition seeking quashing of advt to teacher posts

Syllad | The Rising MeghalayaJuly 10, 2020

The Meghalaya High Court has dismissed a writ petition seeking quashing of an advertisement to the post of assistant teacher in government lower and upper primary schools.

In an order passed on Friday, Justice Ranjit Vasantrao More said, “Petition is without merit and same is accordingly dismissed.”

The petition was filed by one Darity Mylliem Umlong.

An advertisement was issued inviting applications in standard form for the post of assistant teachers in government LP/UP schools from MTET qualified candidates falling under sub-divisional school education officer (SDSEO), Shillong.

There were 156 vacancies for the post of assistant teacher level V.

Umlong in her petition had contended that she is a graduate and same being higher qualification, she should be allowed to apply for the said post in pursuant of the advertisement impugned in the present writ petition.

The Court however said that the contention of the petitioner cannot be accepted since admittedly, she does not hold the essential qualification, namely, MTET passed certificate and D.El.Ed passed certificate.

“Acquisition of graduate degree does not entitle petitioner to apply for the post of assistant teacher, in the absence of acquisition of essential qualification prescribed under the impugned advertisement,” the order stated.

The advertisement had stated that the essential qualification for the post is class 12th passed with 50% for General Candidates & 45% for ST/SC Candidates with D.EL.Ed or B.Ed (if appointed shall mandatory undergo a 6 month Bridge Course in Elementary Education recognized by NCTE, within two years of appointment as Primary Teacher).

However, clauses were added to the advertisement through a corrigendum, which states- “1) At Sl. 1 (b) of the Advertisement on Essential Qualification: (b) Upper Primary Schools: Graduate with D.El.Ed or Graduate with B.Ed or Graduate with B.Ed with 50% for General Candidates & 45% for ST/SC Candidates are eligible to apply. As Per NCTE Notification dated 23/08/2010-Sl.1 and NCTE Notification dated 28/6/2018. 2) An additional criteria may also be added: “All candidates awaiting D.EL.Ed results from NIOs are also qualified to apply for the vacant posts”.”

The Director of School Education & Literary, Shillong also issued a letter dated June 16, to all the District School Education Officers and Sub-Division School Education Officers giving clarification that tainted/blemished candidates are allowed to submit their applications to the post of assistant teachers in government elementary schools advertised in the advertisement in different Districts and Sub-Divisions of Meghalaya subject to eligibility and in accordance with applicable rules/guidelines of the advertisement.

The petitioner is a tainted candidate.